Royalty Free Graphic Art License – Single User License

 

This license is an agreement between you, the customer (“You”), and Huckleberry Hearts, LLC (“Us,” “We,” or “Our”) that explains how you can use the graphics that you license from us. 

Effective Date:  This license is effective as of the date of purchase.

Acceptance of this Agreement:  This is a binding contract.  You accept this Agreement and agree to be bound by its terms when you click the “I Accept” box and pay the license fee. 

License:  We grant you a perpetual, worldwide, royalty-free, non-exclusive, limited license to use the licensed material that you purchased in the manner described in this Agreement.   

Definitions: 

  • “End Product” means any tangible or electronic item you create using the licensed material. By way of example, end products include apparel, artwork, book covers, business cards, calendars, cards, crafts, dishes, e-book covers, embroidery designs, glassware, fabric, footwear, home goods, logos, mouse pads, paper products, posters, or wearable accessories, such as jewelry and purses.
  • “Licensed Material” means the graphics, digital files, and other materials for which you purchase a license to use.
  • “Limited” means that you may only use the licensed material as stated in this Agreement.
  • “Non-exclusive” means that we may license the same licensed material to other customers.
  • “Perpetual” means that this license does not expire and you may use the licensed material forever.
  • “Royalty-free” means your license fee is the only payment that you will make to us and you will not pay us a royalty each time you use the licensed material.
  • “Worldwide” means you may use the licensed material anywhere in the world.

This Single User license is valid for a single user or a sole proprietorship.

 

Permissible Uses:

  • You may create an unlimited number of end products using the licensed material so long as those products are solely made by you. 
  • You may use the licensed material for your personal or commercial use on your blog, social media account, website, newsletter, and other electronic communications.
  • You may alter, crop, manipulate, and create derivative works of the licensed material, including adding or modifying font, size, and color.

Impermissible Uses:

  • You may not sell end products using the licensed materials if you use a third-party manufacturer to make the products.  You must purchase the Extended License add-on to do so.
  • You may not resell the licensed material in the same or substantially same form as a standalone produce or bundled with other products.  In other words, you must transform the licensed material by altering to such a degree that you create an entirely new creative work.
  • Other: If you use the licensed material as your logo, you may register a trademark in your logo but you may not register the licensed material itself and must specifically disclaim the licensed material in your trademark registration.

Prohibited Uses:

  • Unlawful Use. You may not use the licensed material for any defamatory or harassing purposes. 
  • Obscene Use. You may not use the licensed material for any pornographic or obscene purpose.
  • False Representation of Authorship. You may not falsely represent that you are the original creator of a product, artistic work, or other material that is largely made up of the licensed material or a combination of our licensed materials.
  • Intellectual Property Infringement. You may not use the licensed material in a manner that infringes on another’s intellectual property rights. 
  • Stock Image Clearinghouses. You may not sell, lend, license, publish, or distribute the licensed material through a stock image clearinghouse or online marketplace for photography, graphic, clip art, or design templates.
  • NFT.  You may not sell, display, or distribute the licensed material in connection with an immutable digital asset or nonfungible token (NFT).

Extended License

  • This is an add-on license that you may purchase with the Single User Standard License or the Multi-User Standard License.
  • This add-on license allows you to deliver or upload the licensed material to a manufacturer, commercial printer, or print-on-demand company to create finished physical goods that you will offer for sale.  The manufacturer, commercial printer, or print-on-demand company may ship the finished goods directly to your customers or they may ship the finished goods to you.

You May Not Share the Licensed Material:  This Agreement is non-transferable, non-assignable, and non-sublicensable.  This means you may not share, lend, assign, transfer, or sublicense the licensed material to any person or entity. 

Our Warranty of Non-Infringement:  We warrant that all licensed materials will not infringe on any intellectual property rights of another person or entity.

Taxes: You agree to pay and be responsible for all sales taxes, use taxes, value added taxes, withholding taxes, and duties imposed by any jurisdiction as a result of the license granted to you or of your use of the licensed material.

Material Breach: You agree that any material breach of these terms will result in irreparable harm to us and that monetary damages would be an inadequate remedy.  Therefore, in addition to the rights and remedies otherwise available at law, we will be entitled to equitable relief, including the right to a preliminary injunction and a permanent injunction, if you materially breach this Agreement.  Further, you waive any requirement that would otherwise require us to post a bond or other security if we seek an injunction.

Governing Law: This agreement is governed by Michigan law, excluding conflict of law principles.  Any action or proceeding arising out of or related to this agreement must be brought in a state or federal court located in Jackson County, Michigan, and both parties irrevocably submit to the exclusive jurisdiction of these courts.

Notices:  All notices required to be sent to us under this Agreement must be sent via email to P.O. Box 415, Pleasant Lake, Michigan, 49272.  All notices to you will be sent via email to the email associated with your account.

Termination:  If you breach this Agreement, we may terminate your license immediately upon written notice to you.  If you receive written notice of termination from us, due to your breach of this Agreement, you must immediately cease using the licensed material(s), delete or destroy any copies of the licensed material(s) in your possession or control, cease the sale of any products containing our licensed material(s) and destroy the inventory; and, if requested, confirm, in writing, that you have complied with these requirements.